► We are hindu.
My wife has filed divorce asking for maintenance. I have a private paternity test taken and the result says I am not the father.
1. I donot have proof of adultery
2. We were living together during the conception period.
Can I request court to ask for a paternity test, and cancel the maintenance.
28 views
1 answer
1 Answer
Dec 04, 2025
Dear Sir,
Can maintenance be denied if the child is not yours?
Yes. If the court-ordered DNA test proves you are NOT the father:
You are NOT liable to maintain the child (S.125 CrPC).
Maintenance to wife may also be reduced or denied if adultery is proven.
Court can dismiss her maintenance claim for the child.
BUT until the court orders and confirms non-paternity, the court will presume the child is legitimate.
Log in as a legal professional to answer this question.